A.S. Haley—Another California Judge Denies Summary Relief to TEC

Posted by Kendall Harmon

Judge Reed explains the importance of Section 20.01(g) of the Canons of the Diocese of San Joaquin, and for this once, turns the tables on ECUSA by saying that it never objected to that Canon:
As to the issue of the parish’s right to disaffiliate from the church, it is undisputed that Canon XX, section 20.01(g) of the Diocese of San Joaquin has been an adopted canon of the diocese for many years, and that the plain language of section 20.01(g) allows for disaffiliation of the parish upon the written approval of the bishop of the diocese.

Plaintiffs argue that section 20.01(g) is invalid because Episcopal Church rules do not allow for a parish to disaffiliate. They base their contention upon church rules that indicate parish canons may not conflict with church rules and that parish property is to be held in trust for the church. However, the evidence before the court does not show that the Episcopal Church has objected to section 20.01(g) in the past, or taken any action to remove it from the diocese’s canons. Moreover, other church rules appear to give broad authority to bishops, such as Episcopal Church Canon II.6 which authorizes a parish to encumber parish property with consent of the bishop.
After years of hearing courts say that dioceses and parishes never objected to the Dennis Canon before the current disputes arose, this opinion comes as a breath of fresh air, by turning the same point against ECUSA.

Read it all.


Filed under: * Anglican - Episcopal- Anglican: AnalysisEpiscopal Church (TEC)TEC ConflictsTEC Polity & Canons* Culture-WatchLaw & Legal Issues

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Posted June 15, 2013 at 12:01 pm [Printer Friendly] [Print w/ comments]
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